Landau Injury Law

The Herndon – Reston of ABRAMS LANDAU, Ltd. has successfully settled another workers comp suicide case for a Florida family.  Using favorable Virginia case law and Doug Landau’s own winning decision in the Elliott case, this Bulgarian family was able to at last get some compensation for their tragic loss. 

In a similar ruling, the Nevada Supreme Court has ruled that the families of workers who commit suicide following an industrial accident can recover workers compensation benefits. The justices held that benefits may be payable if an on-the-job injury led to the rational impairment that resulted in suicide. The ruling revives a workers compensation claim filed by the widow of a man who shot himself after suffering a severe back injury at work.  AP, Las Vegas Review Journal  07/25/2008

Yes, possibly.  Although some day laborers may be unauthorized to work in the United States, in the event of a work related accident “arising out of and in the course and scope of employment,” an undocumented day laborer may collect workers’ compensation benefits.  In other words, the fact that the worker is in the United States illegally does not prevent him from seeking and collecting workers’ compensation benefits.  The workers’ compensation benefits may include payment of reasonable and related medical bills and two-thirds of the workers average weekly wage as well as payment for any permanent partial disability. 

            The team at ABRAMS LANDAU represents undocumented day laborers and helps them obtain the workers’ compensation benefits they deserve. Doug Landau represented Daniel Lopez, an undocumented day laborer picked up at a 7-11 store to do some carpentry work.  After being ordered to clean an aluminum gutter used to empty the cement from a cement truck, Daniel slipped and fell.  A chute fell on his right hand, breaking his finger

            The insurance company denied Daniel’s workers’ compensation claim.  They said he was not an employee.  The also said he was not legal and that he was not entitled to any benefits.  The ABRAMS LANDAU team fought to help him and took the case to court.  Even after the employer highlighted Daniel’s undocumented status at the Virginia Workers’ Compensation hearing, Doug Landau won Sr. Lopez’s claim.  The Workers Compensation judge awarded the injured worker his total wage loss benefits, his medical bills and certain out of pocket expenses.

            Although this case occurred in Virginia, undocumented day laborers in DC, MD and Virginia are protected by their state’s workers’ compensation laws.  If you are an undocumented day laborer and have a work related accident contact the ABRAMS LANDAU team  at 703-796-9555 (www.LandauInjuryLaw.com) to help you get your workers compensation benefits.    

A rash of broken baseball bats in big-league ballgames has some crying foul about the safety of players, coaches and fans. In one case, a woman at a Los Angeles Dodgers game was struck in the face with a piece of a broken bat and suffered a broken jaw. At least one batmaker says some companies are producing substandard bats that are more likely to shatter and endanger unsuspecting onlookers.  For more on this timely subject, read Jim Armstrong’s article in the Denver Post, 07/21/2008

Doug Landau and Michigan trial lawyer Jules Olsman teamed up to help a father and a daughter whose lives were devastated by a multi-vehicle crash caused by a teenaged driver in Williamsburg, Virginia. The Herndon Reston area injury lawyer was able to effect a settlement for the father, who suffered a broken leg and hip. However, his daughter, who had not yet begun pre-school was crushed in the wreckage. She sustained multiple orthopedic injuries and traumatic brain injury. The doctors in Richmond were able to fix many of her broken bones, lacerations and bleeding. But the damage to this young girl’s brain was permanent.

Doug Landau and the team at ABRAMS LANDAU, Ltd. eventually got a court approved settlement for this brain injured child. They were even able to get a subsequent recovery for the father. While the $1.5 million dollars paid is not nearly enough to compensate for what has been taken from this hard-working family, it was hard work, investigation and research that uncovered the additional $500,000 that the insurance company had in additional coverage. Half a million dollars can provide additional benefits to this young girl, who is now walking with assistance and who rides on a tandem bike with her father. He has recovered extensively from his injuries due to his fantastic pre-crash fitness. His daughter, however, will be struggling with deficits due to the head trauma and brain injury for the rest of her life.

Olsman and Landau have worked on other cases together, and taught on the Health and Disability Law programs for ATLA (now the American Association for Justice). Jules has served as Michigan Trial Lawyers president and he practices with the firm of Olsman, Mueller & James P.C., (OlsmanLaw) in Berkley, Michigan, in the areas of medical malpractice and nursing home negligence.

Leaders in the Workers Injury Law & Advocacy Group (WILG) met at the River to compare methods of assisting injured workers, victims of occupational disease, permanently disabled individuals and their families.  Herndon Reston area injury lawyer Doug Landau is the WILG SOCIAL SECURITY Chairman again this year.  His wife (far right) is shown with attorney and friend Todd O’Malley, of the law firm of O’Malley & Langan, P.C.  This Workers Compensation firm has offices in Scranton, Wilkes Barre, Pittston and Towanda, Pennsylvania (www.omalleylangan.com).  O’Malley is active in WILG and is currently Chairman of the AAJ (formerly ATLA) Liason Committee.

What is WILG ? WILG (Workers Injury Law & Advocacy Group, WILG is a non-profit association of plaintiffs’ attorneys who support the rights of workers and the advocate for the fair and just treatment of injured workers and their families. These workers often need a law firm experienced in workers’ compensation to help them with their worker’s comp claims.  Mr. Landau is a member of WILG as well as the Workers Compensation and Social Security, Health Law & Disability Law Sections of the American Association of Justice and the Virginia Trial Lawyers Association.

I hope not. And they certainly do not in my case. After all, I have represented a number of doctors, therapists and nurses in my career and they still call on me for assistance and legal advice. They also refer their own patients and family members to our office for help.

I have served as counsel for Virginia Physicians Managed Care, Inc., which was comprised of many of the top OB/GYNs in Northern Virginia, and have taught “Orthopedics for Lawyers” with top spine surgeon Tom Schuler of the Virginia Spine Institute. My record representing physicians speaks for itself, and my medical training has helped me to understand and work with those in the health professions. Here is my wife with my long time friend Dr. Susan Rheingold at a recent trial lawyers gathering. She is a doctor and she seems to put up with us just fine. Yes, there are doctors who do not respect lawyers, just as there are lawyers who do not respect doctors. I am not one of those people. I try to abide by the following when working with Health Care Providers:

1. Respond to questions promptly,

2. Keep the patient (and client) “in the loop,

3. Try to ensure that the doctor has all of the relevant medical recrods,

4. Provide the treating specialist with prior medical records from the family doctor,

5. Demand complete candor from the client and their family with regard to health and medical histories,

6. Make it easy for busy physicians to respond to important questions by the use of SHORT letters, straightforward inquiries and forms, where appropriate,

7. Accomodate busy surgeons’ schedules and give as much advance notice as to the need for testimony at trial as possible,

8. Invest in professionally done medical illustrations, enlargements of pictures and positives of x-rays so that the doctor’s testimony is more easily understood by the jury, judge, mediator and/or arbitrator.

Shown here with me at the Annual ATLA (now American Association for Justice) meeting are my long time friends from the Rheingold, Allen and Emroch law firms.  From Left to Right: Dr. Susan Rheingold, David RHeingold, Walter Emroch, George E. “Ted” Allen, and Joyce Rheingold) David Rheingold, Ted Allen and Walter Emroch and their fathers were friends of, and worked on cases and lectures with, my father Norman J. Landau.  Walter’s father Manny Emroch helped to write the book of Virginia Civil Jury Instructions that I still use, and Ted’s grandfather got my dad involved in lecturing on the Continuing Education programs in the 1960s !

Being a third generation lawyer may have its advantages.  However, I can tell you from personal experience, it was pretty difficult to win an argument at the dinner table, and, even if you did, you could always lose on appeal in the kitchen !  Having several generations of lawyers in the family helped sharpen my advocacy skills.  In fact, my grandfather, William Abrams, used to go to some of my classes with me in law school after he retired.  Mr. Abrams (the “Abrams” in ABRAMS LANDAU, Ltd.) even watched me try cases in court for the Florida State Attorney’s office when Janet Reno was in office.  Even when I won the case or got the conviction, he still had suggestions as to how I could improve next time !

Shown with the Philadelphia skyline in the background, Doug and his wife are shown during a reception at the annual AAJ Convention.  The Herndon Reston area injury and disability lawyer got to visit some of the sights in the evenings after most of the lectures and demonstrations had concluded.  One particular highlight was the new, interactive Museum of the Constitution.  Doug highly recommends it for families with children in 6th grade or higher.  The Landaus also recommend taking in a concert at the Kimmel Center, whose architecture rivals its acoustics.

The better question might be, “Do you really want a lawyer sitting at his/her desk 24/7 ?”

It means that they do not try cases (and many lawyers NEVER GO TO COURT !).

It means they are never in mediation or arbitration in “closed door” sessions with a retired judge.

It means they never get out of the office to investigate their cases, interview witnesses or take depositions at the Defendants’ place of business or “scene of the crime.”

It means that they do no volunteer work, putting in time for the community.

It means that they have no life.

Is that really the trial lawyer you want for your case ?

At ABRAMS LANDAU, Ltd., we encourage clients to fax, e-mail, write and call.  Doug Landau responds as quickly as he can, but as he is often in Court, and cell phones are not permitted, able staff can frequently assist and get prompt answers.

Doug Landau met with Workers Compensation lawyers from around the country while attending the American Association for Justice Convention in Philadelphia, PA. Hosted by George Martin, the founding and current managing partner of Martin, Banks, Pond, Lehocky & Wilson, the attorneys were able to compare how they help injured workers and their families in different jurisdictions across the United States. Mr. Martin is a past President of the Philadelphia Trial Lawyers Association. He is currently the President-Elect of the American Association of Justice Workers’ Compensation Section. Like Doug Landau, Mr. Martin is listed in “Best Lawyers in America” and was selected as a “Super Lawyer”.